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  Medical Marijuana Defense
Posted by CN Staff on November 30, 2006 at 06:31:06 PT
Editorial 
Source: Las Vegas Review-Journal  

medical California -- Shaun Eric Wright was arrested in Huntington Beach, Calif., in 2001, carrying an electronic scale and more than a pound of marijuana in his truck. He was charged with possessing marijuana with intent to sell -- a charge that does not require actual proof of any attempt to sell, but under which juries are generally instructed to infer "intent" from the quantity present.

Back in 1996, however, California voters had OK'd marijuana for medical use.
[snip]

Source: Las Vegas Review-Journal (NV)
Published: November 30, 2006
Copyright: 2006 Las Vegas Review-Journal
Contact: letters@reviewjournal.com
Website: http://www.reviewjournal.com

Related Articles:

2003 Medical Marijuana Law Applies Retroactively
http://cannabisnews.com/news/thread22412.shtml

Transporting Pot is Legal for Medicinal Users
http://cannabisnews.com/news/thread22411.shtml

Court Expands Protections for Marijuana Users
http://cannabisnews.com/news/thread22408.shtml

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Comment #15 posted by doc james on December 01, 2006 at 07:13:53 PT:

scales w/herb
This man was admittedly "eating" this medicine, which requiures an amount that should be weighed to tartrate his dosage, Im sure. Also, so what the fudge does it matter if he had the herb in several bags, perhaps they were different strains. I pkg different strains in their own bag. It doesnt necessarily suggest he was selling. But Im not the stupid ass judge. I hope this man is set free, along with all others in jail or on supervision for their choice of using this miracle weed rather than a PFIZER brand name on it.

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Comment #14 posted by whig on November 30, 2006 at 18:23:23 PT
Sam Adams
That's a good point, but a deli without a scale isn't something I've experienced. How much corned beef do ya want? About a pound. Eh, that looks right...

I think if I trusted the butcher, I'd take it and say thank you.

And whenever I've been given gifts, I never weigh them.

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Comment #13 posted by Sam Adams on November 30, 2006 at 16:05:32 PT
Whig
I'll bet that if the deli didn't have a scale, people would start bringing their own scale pretty fast, or weighing it as soon as they got home.



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Comment #12 posted by whig on November 30, 2006 at 15:38:15 PT
I shouldn't say...
perfectly well. That's not true. But less harmfully.

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Comment #11 posted by whig on November 30, 2006 at 15:35:41 PT
Criminalizing vice
It doesn't work, and civil remedies work perfectly well. Let me explain with another subject, prostitution. I have no desire to see a prostitute. But prostitution is illegal only in the context of a marriage, and the remedy is divorce. Civil courts award damages to the faithful spouse. I don't know much about family law and I know there's a lot of problems with that approach, but comparing it to the criminal justice system, it's a whole lot less harmful even (or especially) to the children.

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Comment #10 posted by whig on November 30, 2006 at 15:25:11 PT
However...
One other reason to need scales.

To bake. And indeed, does he not have a medical recommendation to eat cannabis?

Scales are useful for that.

Just not at purchase time.

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Comment #9 posted by whig on November 30, 2006 at 15:24:19 PT
OverwhelmSam
When I go to the grocery and buy my organic flours, I trust the scale at the checkout. Don't you? If I thought my store was fraudulent about weight, they would equally be untrustworthy as to quality and other things, and would not be worth doing business with.

You don't need scales unless you are a dispensary or a provider.

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Comment #8 posted by Hope on November 30, 2006 at 11:13:02 PT
Sam...that's the truth.
I know one of those "sexy" ladies...and she is sexy looking and she works hard at being that way...and she gets paid a small fortune for doling out the goodies to the docs to get them to use her companies products.

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Comment #7 posted by Sam Adams on November 30, 2006 at 11:05:24 PT
Hope
I think you missed the caveat to the Hippocratic Oath - if you look down farther in the fine print it says, "do no harm, unless some really sexy ladies buy you lunch every week and fly you to Phoenix to play golf for thousands in speaking fees, then it's OK. And don't worry, the FDA's got your back if anyone dies"



[ Post Comment ]

 
Comment #6 posted by Hope on November 30, 2006 at 10:38:29 PT
Sam, What about that big "First"?
"First....do no harm."

[ Post Comment ]
 
Comment #5 posted by Sam Adams on November 30, 2006 at 09:31:04 PT
Oh, one more thing
I wonder if the "Justices" on the court read this in the paper today? I guess it's OK for Pzifer executives to keep getting rich because they don't have any electronic scales in their car.

FDA advisers back Celebrex for children despite risks November 30, 2006

GAITHERSBURG, Md. -- Children as young as 2 who suffer from arthritis can be treated with Celebrex, but to ensure the painkiller doesn't put them at later risk for heart attacks, their health should be tracked for decades, a Food and Drug Administration advisory panel said yesterday.The panel voted 15 to 1 to recommend expanded use of the Pfizer Inc. drug, even though eight members said the treatment can be toxic for children. Those who said Celebrex is safe did so begrudgingly, citing the short time it was studied in children and a flawed study design that Pfizer selected and the FDA approved.

The FDA does not have to follow its advisers' guidance, but often does so. During the hearing, the panel struggled with how to implement long-term safety surveillance without placing barriers between patients and a drug that works for many.

Because children with juvenile rheumatoid arthritis could be prescribed Celebrex or other painkillers for years, Pfizer should establish a patient registry to track such health indicators as blood pressure and kidney function for as long as three decades, the panel said. Celebrex can raise blood pressure and potentially place children who take it at higher risk for suffering a heart attack decades later, advisers said.

Dr. Eric Holmboe criticized Pfizer's proposal to monitor side-effect reports that doctors routinely file with the FDA, saying such a voluntary reporting system would be a "very weak instrument" for tracking long-term health outcomes. A patient registry could pinpoint health problems earlier, Holmboe, a vice president of the American Board of Internal Medicine , said later in an interview.

Juvenile rheumatoid arthritis affects as many as 60,000 children in the United States. Doctors already prescribe Celebrex for some of them, a practice known as off-label use, but they prefer to prescribe pediatric drugs whose safety and efficacy has been confirmed in children

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Comment #4 posted by Sam Adams on November 30, 2006 at 09:26:23 PT
telling decision
Again and again, people fail to see, or refuse to see, the big picture.

All of these problems come up because both the seller of cannabis and the buyer are very happy and satisfied to be completing the transaction.

Without an aggrieved party suffering harm, there is no way to use the criminal justice system - armed government thugs and guards - to attack cannabis users, the people government wants to persecute and use as fuel for its big war-on-drugs-rob-the-taxpayers-to-pay-us-for-stupid-busywork plan.

So they just changed the entire criminal justice system to guarantee wanton oppression. You aren't innocent until proven guilty. You aren't free to pursue life, liberty, and happiness anymore. You house and belongings aren't free from search and seizure by the government. The government can make your health care decisions better than you, therefore you don't make any more decisions.

A bloody coup? Radioactive poison in your coffee? No, that is not the style of our Washington masters. Managing perception, sneaky lies and mind-control propoganda, beating and torturing and locking people up to be raped in the name of "public health".......that is the American Way. Aren't your proud of your country?

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Comment #3 posted by OverwhelmSam on November 30, 2006 at 09:09:07 PT
Scales = Presumed Guilt
How else are you going to determine that you are getting what you pay for, if you don't have a scale with you to check it?

[ Post Comment ]
 
Comment #2 posted by FoM on November 30, 2006 at 09:00:08 PT
Press Release from The Drug Policy Alliance
California's High Court Ruling Protects Patients Who Transport Marijuana for Medical Purposes

***

November 30, 2006

On November 27, 2006, the California Supreme Court stated in a 6-1 decision that California's Medical Marijuana Program (MMP), enacted in 2004 by Senate Bill 420, provides for immunity from prosecution for a number of marijuana-related offenses, including the offense of transporting marijuana. People v. Wright, 2006 Cal. Lexis 13946. The majority opinion stated: "By authorizing a CUA defense to these other marijuana-related offenses, the Legislature furthered its goal of 'address[ing] additional issues that were not included within the act, and that must be resolved in order to promote the fair and orderly implementation of the act.'"

The facts of People v. Wright are as follows: in 2001, Wright was charged with possession for sale and transportation of marijuana when he was arrested with an electronic scale and over a pound of marijuana contained in several small bags and two large bags. During his trial, a physician testified that he recommended Wright use marijuana to alleviate his chronic pain. Wright requested the trial court to issue a jury instruction regarding a defense under California's medical marijuana laws but the trial judge denied the instruction. Wright was convicted of possession for sale and transportation of marijuana by the trial court but the ruling was overturned on appeal because the court of appeals found that the jury should have received a CUA instruction. The state appealed to the California Supreme Court.

URL: http://www.drugpolicy.org/news/112706sb420.cfm

[ Post Comment ]

 
Comment #1 posted by mayan on November 30, 2006 at 06:34:55 PT
Misc.
Case made for medical marijuana use in Michigan: http://www.southbendtribune.com/apps/pbcs.dll/article?AID=/20061129/News01/611290381/-1/News/CAT=NEWS01

Brookhiser on Medical Marijuana: http://www.reason.com/blog/show/116963.html

THE WAY OUT IS THE WAY IN...

9/11 & American Empire - Intellectuals Speak Out (video): http://video.google.ca/videoplay?docid=3195658770053494633%20

Kevin Barrett’s Truth Jihad getting rave reviews: http://mujca.com/truthjihadreviews.htm

Running in Circles: http://communitycurrency.org/circles.html

New Mexico 9/11 Truth: http://nm911truth.org/

The 9/11 Reading Room: http://911readingroom.org/bib/

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